Capitol Records, LLC v. Redigi Inc.

Filing 280

LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 12/13/2016 re: RESPONSE TO 12/9/2016 LETTER FROM DEFENDANTS' COUNSEL REGARDING UNSEALING OF DOCUMENTS. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)

COWAN
LIEBOWITZ
LATMAN.r

Cowan, Liebowitz & Latman, P.C.
114 West 47th Street
New York, NY 10036
[phone] Tel
[phone] Fax
www.cll.com
Richard S. Mandel
[phone]
[e-mail]

VIA ECF and EMAIL

December 13, 2016

Hon. Richard J. Sullivan
United States Courthouse
40 Foley Square, Room 2104
New York, NY 10007
Re:

Capitol Records, LLC v. ReDigi Inc., 12 cv. 0095 (RJS)

Dear Judge Sullivan:
We represent Plaintiffs in the above-referenced action and write in response to the letter
of December 9, 2016 from C. Dennis Loomis, counsel for the Defendants in connection with
their appeal to the Second Circuit. While Plaintiffs have no objection to the unsealing of
documents containing ReDigi's own previously designated confidential material, the relief as
requested in Mr. Loomis' letter would have the effect of also unsealing documents containing
information that has been designated as confidential by Plaintiffs. To avoid any possible
misunderstanding or inadvertent disclosure of information which should continue to be treated as
confidential in accordance with the Court's prior orders granting Plaintiffs' sealing motions
(Docket Nos. 71 and 102), Plaintiffs write to clarify those documents referenced in Defendants'
letter that should continue to be sealed.
In addition to Exhibit 6 to Docket No. 57 (Declaration of Gary Adelman in Support of
Defendant's Motion for Summary Judgment), which Defendants acknowledge in Mr. Loomis'
letter should remain under seal, the following documents that are the subject of Defendants'
motion include information designated as confidential by Capitol and should remain under seal:
Docket No. 74 Exhibit 3 (exhibit from deposition of Mark Piibe attached to declaration
ofRichard S. Mandel, Esq.)
Docket No. 76 (Plaintiffs Memorandum of Law in Opposition to Defendant's Motion
for Summary Judgment)
Docket No. 78 (Plaintiffs Response to Defendant's Statement of Undisputed Facts
Pursuant to Local Rule 56.1)
Docket No. 90 (Reply Memorandum of Law in Further Support ofReDigi's Summary
Judgment Motion)

29503/003/2178043.1

Cow an, Liebow itz & Latman, P.C.
Hon. Richard J. Sullivan, U.S.D.J.
December 13, 2016
Page2
Docket No. 91 Exhibit 1 (Reply Declaration of Gary Adelman in Support of Defendant's
Motion for Summary Judgment)
Plaintiffs are prepared to provide complete unredacted copies of the foregoing documents
containing their confidential information to Defendants' appellate counsel so long as an amended
protective order is entered by the Court and signed by Defendants' appellate counsel binding
them to the terms of the protective order currently in place.
We thank the Court for its attention to the foregoing and are available to discuss these
issues further if the Court so requests.
Respectfully,

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RichardS . Mandel
cc:

All Parties Receiving Notice via ECF

29503/003/2178043.1

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